Federal Register / Vol. 70, No.
152 / Tuesday, August 9, 2005 / Notices
Signed in Washington, DC, this 20th day of
July, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–4298 Filed 8–8–05; 8:45 am]
BILLING CODE 4510–30–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2005–2 CRB SD 2001–2003]
Distribution of the 2001, 2002, and
2003 Satellite Royalty Funds
AGENCY: Copyright Royalty Board,
Library of Congress.
ACTION: Request for comments.
SUMMARY: The Interim Chief Copyright
Royalty Judge, on behalf of the
Copyright Royalty Board, is requesting
comments on the existence of
controversies to the distribution of the
2001, 2002, and 2003 satellite royalty
funds.
DATES: Written comments should be
received no later than September 8,
2005.
ADDRESSES: If hand delivered by a
private party, an original and five copies
of comments must be brought to Room
LM–401 of the James Madison Memorial
Building, Monday through Friday,
between 8:30 a.m. and 5 p.m., and the
envelope must be addressed as follows:
Copyright Royalty Board, Library of
Congress, James Madison Memorial
Building, LM–401, 101 Independence
Avenue, SE., Washington, DC 20559–
6000. If delivered by a commercial
courier (excluding overnight delivery
services such as Federal Express, United
Parcel Service and similar overnight
delivery services), an original and five
copies of comments must be delivered
to the Congressional Courier Acceptance
Site located at 2nd and D Street, NE.,
Monday through Friday, between 8:30
a.m. and 4 p.m., and the envelope must
be addressed as follows: Copyright
Royalty Board, Library of Congress,
James Madison Memorial Building, LM–
403, 101 Independence Avenue, SE.,
Washington, DC 20559–6000. If sent by
mail (including overnight delivery using
United States Postal Service Express
Mail), an original and five copies of
comments must be addressed to:
Copyright Royalty Board, P.O. Box
70977, Southwest Station, Washington,
DC 20024–0977. Comments may not be
delivered by means of overnight
delivery services such as Federal
Express, United Parcel Service, etc., due
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46193
to delays in processing receipt of such
deliveries.
FOR FURTHER INFORMATION CONTACT:
William J. Roberts, Jr., Senior Attorney,
or Abioye E. Oyewole, CRB Program
Specialist. Telephone (202) 707–8380.
Telefax: (202) 252–3423.
SUPPLEMENTARY INFORMATION: Each year
satellite carriers submit royalties to the
Copyright Office under the section 119
statutory license for the retransmission
to their subscribers of distant over-the-
air television broadcast signals. 17
U.S.C. 119. These royalties are, in turn,
distributed in one of two ways to
copyright owners whose works were
included in a retransmission of an over-
the-air television broadcast signal and
who timely filed a claim for royalties
with the Copyright Office. The
copyright owners may either negotiate
the terms of a settlement as to the
division of the royalty funds, or the
Copyright Royalty Board may conduct a
proceeding to determine the distribution
of the royalties that remain in
controversy. See 17 U.S.C. Chapter 8.
By Motion received on June 20, 2005,
representatives of the Phase I claimant
categories (the ‘‘Phase I Parties’’) 1 have
asked the Board to authorize a partial
distribution of 50% of each of the 2001,
2002, and 2003 satellite royalty funds,
asserting that 50% of those funds is not
in controversy. As set forth in the
Motion, the proposed partial
distribution would be preceded by a
notice in the Federal Register, seeking
comments with respect to the premise of
the Motion that 50% of the relevant
royalty funds is not in controversy. The
Phase I Parties also indicated that, ‘‘in
the event that the final percentage
shares to Phase I Parties differ from the
distributions made pursuant to this
Motion, any overpayment that results
from the final distribution shall be
repaid * * * with interest * * *.’’
Motion, at 4 (internal quotation and
citation omitted).
In support of their Motion, the Phase
I Parties invoked the Board’s authority
under Copyright Act sections
801(b)(3)(C) and 119(b)(4)(C). Because
no distribution proceeding with respect
to the 2001–2003 satellite funds was
‘‘pending,’’ the Board was concerned
that it might lack authority to act
favorably on the requested 50% partial
distribution. Accordingly, on July 1,
2005, the Board invited supplemental
briefing from the Phase I Parties on this
1 The ‘‘Phase I Parties’’ are the Program Suppliers,
the Joint Sports Claimants, the Public Television
Claimants, the Broadcaster Claimants Group, the
American Society of Composers, Authors and
Publishers, Broadcast Music, Inc., SESAC, Inc., and
the Devotional Claimants.
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issue. In their supplemental brief, filed
July 26, 2005, the Phase I Parties rely
heavily on section 801(b)(3)(A). 17
U.S.C. 801(b)(3)(A), which was enacted
as part of the Copyright Royalty and
Distribution Reform Act of 2004, Public
Law 108–419, 118 Stat. 2341 (November
30, 2004), ‘‘authorize[s] the
distribution’’ of satellite and other
royalty funds ‘‘to the extent that the
Copyright Royalty Judges have found
that the distribution of such fees is not
subject to controversy.’’ In arguing that
section 801(b)(3)(A) should be
construed to permit partial distributions
prior to the formal initiation of
distribution proceedings, the Phase I
Parties point to the historic practices of
the Copyright Royalty Tribunal and the
Copyright Arbitration Royalty Panel
system and demonstrate that Congress
did not intend to alter that flexibility in
adopting the current language of
Copyright Act section 801(b)(3). After
considering the arguments made by the
Phase I Parties, the Board agrees with
the Phase I Parties that section
801(b)(3)(A) should be construed to
authorize the partial distribution of
royalties not in controversy prior to the
initiation of proceedings under sections
803(b)(1).
Accordingly, through this Federal
Register notice, the Board is seeking
comments on whether any controversy
exists that would preclude the
distribution of 50% of the satellite
royalty funds to the Phase I Parties. If no
controversy exists with respect to 50%
of the funds, or no comments are
received, the Board will grant the Phase
I Parties’ Motion for the partial
distribution of the 2001–2003 satellite
royalty funds, subject to the protective
refund conditions required for partial
distributions.
The Board also seeks comment on the
existence and extent of any
controversies to the 2001–2003 satellite
royalty funds, either at Phase I or Phase
II, with respect to the 50% of the 2001–
2003 satellite royalty funds that would
remain, if the partial distribution is
granted. In Phase I of a satellite royalty
distribution, royalties are distributed to
certain categories of broadcast
programming that have been
retransmitted by satellite carriers. The
categories have traditionally been
movies and syndicated television series,
sports programming, commercial and
noncommercial broadcaster-owned
programming, religious programming,
music programming and Canadian
programming. In Phase II of a satellite
royalty distribution, royalties are
distributed to claimants within each of
the Phase I categories. Any party
submitting comments on the existence
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 46194 Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Notices
of a Phase II controversy must identify
the category or categories in which there
is a dispute, and the extent of the
controversy or controversies.
The Board must be advised of the
existence and extent of all Phase I and
Phase II controversies by the end of the
comment period. It will not consider
any controversies that come to its
attention after the close of that period.
Dated: August 4, 2005.
Bruce G. Forrest,
Interim Chief Copyright Royalty Judge.
[FR Doc. 05–15731 Filed 8–8–05; 8:45 am]
BILLING CODE 1410–72–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Records Schedules; Availability and
Request for Comments
AGENCY: National Archives and Records
Administration (NARA).
ACTION: Notice of availability of
proposed records schedules; request for
comments.
SUMMARY: The National Archives and
Records Administration (NARA)
publishes notice at least once monthly
of certain Federal agency requests for
records disposition authority (records
schedules). Once approved by NARA,
records schedules provide mandatory
instructions on what happens to records
when no longer needed for current
Government business. They authorize
the preservation of records of
continuing value in the National
Archives of the United States and the
destruction, after a specified period, of
records lacking administrative, legal,
research, or other value. Notice is
published for records schedules in
which agencies propose to destroy
records not previously authorized for
disposal or reduce the retention period
of records already authorized for
disposal. NARA invites public
comments on such records schedules, as
required by 44 U.S.C. 3303a(a).
DATES: Requests for copies must be
received in writing on or before
September 23, 2005. Once the appraisal
of the records is completed, NARA will
send a copy of the schedule. NARA staff
usually prepare appraisal
memorandums that contain additional
information concerning the records
covered by a proposed schedule. These,
too, may be requested and will be
provided once the appraisal is
completed. Requesters will be given 30
days to submit comments.
ADDRESSES: You may request a copy of
any records schedule identified in this
VerDate jul<14>2003 15:52 Aug 08, 2005 Jkt 205001
notice by contacting the Life Cycle
Management Division (NWML) using
one of the following means (Note the
new address for requesting schedules
using e-mail):
Mail: NARA (NWML), 8601 Adelphi
Road, College Park, MD 20740–6001. E-
mail: requestschedule@nara.gov. FAX:
301–837–3698.
Requesters must cite the control
number, which appears in parentheses
after the name of the agency which
submitted the schedule, and must
provide a mailing address. Those who
desire appraisal reports should so
indicate in their request.
FOR FURTHER INFORMATION CONTACT: Paul
M. Wester, Jr., Acting Director, Life
Cycle Management Division (NWML),
National Archives and Records
Administration, 8601 Adelphi Road,
College Park, MD 20740–6001.
Telephone: 301–837–3120. E-mail:
records.mgt@nara.gov.
SUPPLEMENTARY INFORMATION: Each year
Federal agencies create billions of
records on paper, film, magnetic tape,
and other media. To control this
accumulation, agency records managers
prepare schedules proposing retention
periods for records and submit these
schedules for NARA’s approval, using
the Standard Form (SF) 115, Request for
Records Disposition Authority. These
schedules provide for the timely transfer
into the National Archives of
historically valuable records and
authorize the disposal of all other
records after the agency no longer needs
them to conduct its business. Some
schedules are comprehensive and cover
all the records of an agency or one of its
major subdivisions. Most schedules,
however, cover records of only one
office or program or a few series of
records. Many of these update
previously approved schedules, and
some include records proposed as
permanent.
No Federal records are authorized for
destruction without the approval of the
Archivist of the United States. This
approval is granted only after a
thorough consideration of their
administrative use by the agency of
origin, the rights of the Government and
of private persons directly affected by
the Government’s activities, and
whether or not they have historical or
other value.
Besides identifying the Federal
agencies and any subdivisions
requesting disposition authority, this
public notice lists the organizational
unit(s) accumulating the records or
indicates agency-wide applicability in
the case of schedules that cover records
that may be accumulated throughout an
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agency. This notice provides the control
number assigned to each schedule, the
total number of schedule items, and the
number of temporary items (the records
proposed for destruction). It also
includes a brief description of the
temporary records. The records
schedule itself contains a full
description of the records at the file unit
level as well as their disposition. If
NARA staff has prepared an appraisal
memorandum for the schedule, it too
includes information about the records.
Further information about the
disposition process is available on
request.
Schedules Pending (Note the New
Address for Requesting Schedules
Using E-Mail)
1. Department of Agriculture,
National Agricultural Statistics Service
(N1–355–05–1, 1 item, 1 temporary
item). Completed 1998 Farm and Ranch
Irrigation Survey questionnaires, which
were used in a census sampling of farms
and ranches in order to obtain irrigation
data.
2. Department of the Army, Agency-
wide (N1–AU–05–2, 2 items, 2
temporary items). Records relating to
aviation accident prevention, including
files relating to safety education,
awards, and safety information sharing.
Also included are electronic copies of
records created using electronic mail
and word processing. This schedule
authorizes the agency to apply the
proposed disposition instructions to any
recordkeeping medium.
3. Department of the Air Force,
Agency-wide (N1–AFU–03–16, 3 items,
3 temporary items). Litigation case files
relating to such subjects as civilian
employment discrimination, military
promotions and benefits, Freedom of
Information Act requests, contracts,
environmental pollution, land use, and
foreign civil matters. Also included are
electronic copies of records created
using electronic mail and word
processing. This schedule provides on-
going disposal authority for this series.
Records accumulated prior to ca. 1993
were previously approved for disposal.
4. Department of Defense, National
Geospatial-Intelligence Agency (N1–
537–04–2, 14 items, 9 temporary items).
Imagery and intelligence program
records accumulated by offices not
responsible for the related programs or
projects. Also included are electronic
copies of documents created using word
processing and electronic mail.
Proposed for permanent retention are
recordkeeping copies of such records as
priority files, conference files, and
publications as well as studies,
requirements, plans, and project files
09AUN1